80_FR_73906 80 FR 73679 - Federal Policy for the Protection of Human Subjects

80 FR 73679 - Federal Policy for the Protection of Human Subjects

DEPARTMENT OF HOMELAND SECURITY
DEPARTMENT OF DEFENSE
DEPARTMENT OF EDUCATION
DEPARTMENT OF VETERANS AFFAIRS
ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF HEALTH AND HUMAN SERVICES
NATIONAL SCIENCE FOUNDATION
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF AGRICULTURE
DEPARTMENT OF ENERGY
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
DEPARTMENT OF COMMERCE
SOCIAL SECURITY ADMINISTRATION
AGENCY FOR INTERNATIONAL DEVELOPMENT
DEPARTMENT OF JUSTICE
DEPARTMENT OF LABOR

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73679-73680
FR Document2015-30122

The Department of Health and Human Services and the other Federal Departments and Agencies listed in this document are extending the comment period on the Federal Policy for the Protection of Human Subjects notice of proposed rulemaking. The NPRM requests comment on proposed revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. The NPRM was published in the Federal Register on September 8, 2015.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73679-73680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30122]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / 
Proposed Rules

[[Page 73679]]



DEPARTMENT OF HOMELAND SECURITY

6 CFR Part 46

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DEPARTMENT OF AGRICULTURE

7 CFR Part 1c

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DEPARTMENT OF ENERGY

10 CFR Part 745

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1230

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DEPARTMENT OF COMMERCE

15 CFR Part 27

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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 431

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AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 225

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DEPARTMENT OF JUSTICE

28 CFR Part 46

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DEPARTMENT OF LABOR

29 CFR Part 21

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DEPARTMENT OF DEFENSE

32 CFR Part 219

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DEPARTMENT OF EDUCATION

34 CFR Part 97

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 16

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 26

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 46

RIN 0937-AA02
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NATIONAL SCIENCE FOUNDATION

45 CFR Part 690

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DEPARTMENT OF TRANSPORTATION

49 CFR Part 11


Federal Policy for the Protection of Human Subjects

AGENCIES: Department of Homeland Security; Department of Agriculture; 
Department of Energy; National Aeronautics and Space Administration; 
Department of Commerce; Social Security Administration; Agency for 
International Development; Department of Justice; Department of 
Labor;Department of Defense; Department of Education; Department of 
Veterans Affairs; Environmental Protection Agency; Department of Health 
and Human Services; National Science Foundation; and Department of 
Transportation.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Health and Human Services and the other 
Federal Departments and Agencies listed in this document are extending 
the comment period on the Federal Policy for the Protection of Human 
Subjects notice of proposed rulemaking. The NPRM requests comment on 
proposed revisions to modernize, strengthen, and make more effective 
the Federal Policy for the Protection of Human Subjects that was 
promulgated as a Common Rule in 1991. The NPRM was published in the 
Federal Register on September 8, 2015.

DATES: The comment period for the NPRM published on September 8, 2015 
(80 FR 53933), is extended by 30 days and thus will end on January 6, 
2016.

ADDRESSES: You may submit comments, identified by docket ID number HHS-
OPHS-2015-0008, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Enter the above docket ID number in the ``Enter Keyword or ID'' field 
and click on ``Search.'' On the next Web page, click on ``Submit a 
Comment'' action and follow the instructions.
     Mail/Hand delivery/Courier [For paper, disk, or CD-ROM 
submissions] to: Jerry Menikoff, M.D., J.D., OHRP, 1101 Wootton 
Parkway, Suite 200, Rockville, MD 20852.
    Comments received, including any personal information, will be 
posted without change to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jerry Menikoff, M.D., J.D., Office for 
Human Research Protections (OHRP), Department of Health and Human 
Services, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852; 
telephone: 240 453-6900 or 1-866-447-4777; EMAIL: 
[email protected].

[[Page 73680]]


SUPPLEMENTARY INFORMATION: Since the NPRM was published on September 8, 
2015 (80 FR 53933), participating departments and agencies have 
received requests to extend the comment period to allow sufficient time 
for a full review of the NPRM. The departments and agencies listed in 
this document are committed to affording the public a meaningful 
opportunity to comment on the NPRM and welcome comments.

    Dated: November 20, 2015.
Sylvia Burwell,
Secretary of the Department of Health and Human Services.
[FR Doc. 2015-30122 Filed 11-24-15; 8:45 am]
BILLING CODE 4150-36-P



                                                                                                                                                                                                  73679

                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 80, No. 227

                                                                                                                                                                Wednesday, November 25, 2015



                                                  This section of the FEDERAL REGISTER                                                                          Department of Defense; Department of
                                                  contains notices to the public of the proposed                                                                Education; Department of Veterans
                                                  issuance of rules and regulations. The                  DEPARTMENT OF DEFENSE
                                                                                                                                                                Affairs; Environmental Protection
                                                  purpose of these notices is to give interested
                                                                                                          32 CFR Part 219                                       Agency; Department of Health and
                                                  persons an opportunity to participate in the
                                                  rule making prior to the adoption of the final                                                                Human Services; National Science
                                                  rules.                                                                                                        Foundation; and Department of
                                                                                                          DEPARTMENT OF EDUCATION                               Transportation.

                                                  DEPARTMENT OF HOMELAND                                                                                        ACTION:   Notice of proposed rulemaking.
                                                                                                          34 CFR Part 97
                                                  SECURITY
                                                                                                                                                                SUMMARY:   The Department of Health and
                                                  6 CFR Part 46                                                                                                 Human Services and the other Federal
                                                                                                          DEPARTMENT OF VETERANS                                Departments and Agencies listed in this
                                                                                                          AFFAIRS                                               document are extending the comment
                                                                                                                                                                period on the Federal Policy for the
                                                  DEPARTMENT OF AGRICULTURE                               38 CFR Part 16                                        Protection of Human Subjects notice of
                                                  7 CFR Part 1c                                                                                                 proposed rulemaking. The NPRM
                                                                                                                                                                requests comment on proposed
                                                                                                          ENVIRONMENTAL PROTECTION                              revisions to modernize, strengthen, and
                                                                                                          AGENCY                                                make more effective the Federal Policy
                                                  DEPARTMENT OF ENERGY                                                                                          for the Protection of Human Subjects
                                                                                                          40 CFR Part 26                                        that was promulgated as a Common
                                                  10 CFR Part 745
                                                                                                                                                                Rule in 1991. The NPRM was published
                                                                                                                                                                in the Federal Register on September 8,
                                                                                                          DEPARTMENT OF HEALTH AND                              2015.
                                                  NATIONAL AERONAUTICS AND                                HUMAN SERVICES
                                                                                                                                                                DATES: The comment period for the
                                                  SPACE ADMINISTRATION
                                                                                                          45 CFR Part 46                                        NPRM published on September 8, 2015
                                                  14 CFR Part 1230                                                                                              (80 FR 53933), is extended by 30 days
                                                                                                          RIN 0937–AA02                                         and thus will end on January 6, 2016.
                                                                                                                                                                ADDRESSES:   You may submit comments,
                                                  DEPARTMENT OF COMMERCE                                  NATIONAL SCIENCE FOUNDATION                           identified by docket ID number HHS–
                                                                                                                                                                OPHS–2015–0008, by one of the
                                                  15 CFR Part 27                                          45 CFR Part 690                                       following methods:
                                                                                                                                                                   • Federal eRulemaking Portal: http://
                                                                                                                                                                www.regulations.gov. Enter the above
                                                  SOCIAL SECURITY ADMINISTRATION                          DEPARTMENT OF TRANSPORTATION                          docket ID number in the ‘‘Enter
                                                                                                                                                                Keyword or ID’’ field and click on
                                                  20 CFR Part 431                                         49 CFR Part 11                                        ‘‘Search.’’ On the next Web page, click
                                                                                                                                                                on ‘‘Submit a Comment’’ action and
                                                                                                          Federal Policy for the Protection of
                                                                                                                                                                follow the instructions.
                                                                                                          Human Subjects
                                                  AGENCY FOR INTERNATIONAL                                                                                         • Mail/Hand delivery/Courier [For
                                                  DEVELOPMENT                                             AGENCIES:   Department of Homeland                    paper, disk, or CD–ROM submissions]
                                                                                                          Security; Department of Agriculture;                  to: Jerry Menikoff, M.D., J.D., OHRP,
                                                  22 CFR Part 225                                         Department of Energy; National                        1101 Wootton Parkway, Suite 200,
                                                                                                          Aeronautics and Space Administration;                 Rockville, MD 20852.
                                                                                                          Department of Commerce; Social
                                                                                                          Security Administration; Agency for                      Comments received, including any
                                                  DEPARTMENT OF JUSTICE                                   International Development; Department                 personal information, will be posted
                                                                                                          of Justice; Department of Labor;                      without change to http://
                                                  28 CFR Part 46                                                                                                www.regulations.gov.
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:    Jerry
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                                                                                                                Menikoff, M.D., J.D., Office for Human
                                                  DEPARTMENT OF LABOR
                                                                                                                                                                Research Protections (OHRP),
                                                  29 CFR Part 21                                                                                                Department of Health and Human
                                                                                                                                                                Services, 1101 Wootton Parkway, Suite
                                                                                                                                                                200, Rockville, MD 20852; telephone:
                                                                                                                                                                240 453–6900 or 1–866–447–4777;
                                                                                                                                                                EMAIL: Jerry.Menikoff@hhs.gov.



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                                                  73680             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules

                                                  SUPPLEMENTARY INFORMATION:      Since the               www.fdic.gov/regulations/laws/federal/,               securitization due to its failure to pay or
                                                  NPRM was published on September 8,                      including any personal information                    apply collections or repudiates the
                                                  2015 (80 FR 53933), participating                       provided.                                             securitization asset transfer agreement
                                                  departments and agencies have received                  FOR FURTHER INFORMATION CONTACT:                      and does not pay damages within a
                                                  requests to extend the comment period                   George H. Williamson, Manager,                        specified period, certain remedies can
                                                  to allow sufficient time for a full review              Division of Resolutions and                           be exercised on an expedited basis.
                                                  of the NPRM. The departments and                        Receiverships, (571) 858–8199. Phillip                   Paragraph (b)(3)(ii) of the
                                                  agencies listed in this document are                    E. Sloan, Counsel, Legal Division, (703)              Securitization Safe Harbor Rule sets
                                                  committed to affording the public a                     562–6137.                                             forth conditions relating to the servicing
                                                  meaningful opportunity to comment on                                                                          of residential mortgage loans. This
                                                                                                          SUPPLEMENTARY INFORMATION
                                                  the NPRM and welcome comments.                                                                                paragraph includes a condition that the
                                                                                                          I. Background                                         securitization documents must require
                                                    Dated: November 20, 2015.
                                                                                                             The Federal Deposit Insurance                      that the servicer commence action to
                                                  Sylvia Burwell,                                                                                               mitigate losses no later than ninety days
                                                  Secretary of the Department of Health and               Corporation (FDIC), in regulations
                                                                                                          codified at 12 CFR 360.6 (the                         after an asset first becomes delinquent
                                                  Human Services.                                                                                               unless all delinquencies on such asset
                                                  [FR Doc. 2015–30122 Filed 11–24–15; 8:45 am]            Securitization Safe Harbor Rule), set
                                                                                                          forth criteria under which in its capacity            have been cured.
                                                  BILLING CODE 4150–36–P                                                                                           In January, 2013, the Consumer
                                                                                                          as receiver or conservator of an insured
                                                                                                                                                                Financial Protection Bureau (CFPB)
                                                                                                          depository institution the FDIC will not,
                                                                                                                                                                adopted mortgage loan servicing
                                                                                                          in the exercise of its authority to
                                                  FEDERAL DEPOSIT INSURANCE                                                                                     requirements that became effective on
                                                                                                          repudiate contracts, recover or reclaim               January 10, 2014. One of the
                                                  CORPORATION
                                                                                                          financial assets transferred in                       requirements, set forth in Subpart C to
                                                  12 CFR Part 360                                         connection with securitization                        Regulation X, at 12 CFR 1024.41, in
                                                                                                          transactions. Asset transfers that, under             general prohibits a servicer from
                                                  RIN 3064–AE38                                           the Securitization Safe Harbor Rule, are              commencing a foreclosure unless the
                                                                                                          not subject to recovery or reclamation                borrower’s mortgage loan obligation is
                                                  Treatment of Financial Assets
                                                                                                          through the exercise of the FDIC’s                    more than 120 days delinquent. This
                                                  Transferred in Connection With a
                                                                                                          repudiation authority include those that              section of Regulation X also provides
                                                  Securitization or Participation
                                                                                                          pertain to certain grandfathered                      additional rules that, among other
                                                  AGENCY: Federal Deposit Insurance                       transactions, such as, for example, asset             things, require a lender to further delay
                                                  Corporation (‘‘FDIC’’).                                 transfers made prior to December 31,                  foreclosure if the borrower submits a
                                                  ACTION: Notice of proposed rulemaking.                  2010 that satisfied the conditions                    loss mitigation application before the
                                                                                                          (except for the legal isolation condition             lender has commenced the foreclosure
                                                  SUMMARY:    The FDIC is proposing a rule                addressed by the Securitization Safe                  process and requires a lender to delay
                                                  that would revise a provision of its                    Harbor Rule) for sale accounting                      a foreclosure for which it has
                                                  Securitization Safe Harbor Rule, which                  treatment under generally accepted                    commenced the foreclosure process if a
                                                  relates to the treatment of financial                   accounting principles (GAAP) in effect                borrower has submitted a complete loss
                                                  assets transferred in connection with a                 for reporting periods prior to November               mitigation application more than 37
                                                  securitization or participation, in order               15, 2009 and that pertain to a                        days before a foreclosure sale.1
                                                  to clarify a requirement as to loss                     securitization transaction that satisfied
                                                  mitigation by servicers of residential                  certain other requirements. In addition,              II. Discussion
                                                  mortgage loans.                                         the Securitization Safe Harbor Rule                      While the Securitization Safe Harbor
                                                  DATES: Comments on the Proposed Rule                    provides that asset transfers that are not            Rule does not define what constitutes
                                                  must be received by January 25, 2016.                   grandfathered, but that satisfy the                   action to mitigate losses, the preamble
                                                     You may submit comments, identified                  conditions (except for the legal isolation            to the notice of proposed rulemaking
                                                  by RIN number, by any of the following                  condition addressed by the                            that preceded issuance of the
                                                  methods:                                                Securitization Safe Harbor Rule) for sale             Securitization Safe Harbor Rule 2 stated,
                                                     • Agency Web site: http://                           accounting treatment under GAAP in                    ‘‘In this connection, it is important to
                                                  www.FDIC.gov/regulations/laws/federal.                  effect for reporting periods after                    note that action to mitigate losses may
                                                  Follow instructions for submitting                      November 15, 2009 and that pertain to                 include contact with the borrower or
                                                  comments on the agency Web site.                        a securitization transaction that satisfies           other steps designed to return the asset
                                                     • Email: Comments@FDIC.gov.                          all other conditions of the Securitization            to regular payments, but does not
                                                  Include RIN 3064–AE38 in the subject                    Safe Harbor Rule (such asset transfers,               require initiation of foreclosure or other
                                                  line of the message.                                    together with grandfathered asset                     formal enforcement proceedings.’’ 3
                                                     • Mail: Robert E. Feldman, Executive                 transfers, are referred to collectively as            Accordingly, it should be unlikely that
                                                  Secretary, Attention: Comments, Federal                 Safe Harbor Transfers) will not be                    the 90-day loss mitigation requirement
                                                  Deposit Insurance Corporation, 550 17th                 subject to FDIC recovery or reclamation               of the Securitization Safe Harbor Rule
                                                  Street NW., Washington, DC 20429.                       actions through the exercise of the                   would conflict with the foreclosure
                                                     • Hand Delivery/Courier: Guard                       FDIC’s repudiation authority. For any                 commencement delays mandated by the
                                                  station at the rear of the 550 17th Street              securitization transaction in respect of
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                                                                                                                CFPB under Regulation X. However, as
                                                  Building (located on F Street) on                       which transfers of financial assets do                there may be circumstances where
                                                  business days between 7:00 a.m. and                     not qualify as Safe Harbor Transfers but              commencement of foreclosure is the
                                                  5:00 p.m.                                               which transaction satisfies all of its                only available and reasonable loss
                                                     • Federal eRulemaking Portal: http://                other requirements, the Securitization                mitigation action, the FDIC is proposing
                                                  www.regulations.gov. Follow the                         Safe Harbor Rule provides that, in the
                                                  instructions for submitting comments.                   event the FDIC as receiver or                           1 See 12 CFR 1024.41(f) and (g).
                                                     Instructions: All comments will be                   conservator remains in monetary default                 2 77 FR 27471 (May 17, 2010).
                                                  posted without change to http://                        for a specified period under a                          3 77 FR 27479.




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Document Created: 2018-03-01 11:14:57
Document Modified: 2018-03-01 11:14:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesThe comment period for the NPRM published on September 8, 2015 (80 FR 53933), is extended by 30 days and thus will end on January 6, 2016.
ContactJerry Menikoff, M.D., J.D., Office for Human Research Protections (OHRP), Department of Health and Human Services, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852; telephone: 240 453-6900 or 1-866-447-4777; EMAIL: [email protected]
FR Citation80 FR 73679 
RIN Number0937-AA02
CFR Citation10 CFR 745
14 CFR 1230
15 CFR 27
20 CFR 431
22 CFR 225
28 CFR 46
29 CFR 21
32 CFR 219
34 CFR 97
38 CFR 16
40 CFR 26
45 CFR 46
45 CFR 690
49 CFR 11
6 CFR 46
7 CFR 1

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